Rule of Construction. It is the parties' intention that, in the event of an occurrence for which the Trust has agreed to indemnify the Company, the Company shall seek indemnification from the Trust only in circumstances in which the Trust is entitled to seek indemnification from a third party with respect to the same event or cause thereof.
Appears in 66 contracts
Samples: Participation Agreement (Horace Mann Life Insurance Co Separate Account), Form of Participation Agreement (Variable Annuity-2 Series Account), Form of Participation Agreement (Variable Annuity-2 Series Account)
Rule of Construction. It is the parties' ’ intention that, in the event of an occurrence for which the Trust has agreed to indemnify the Company, the Company shall seek indemnification from the Trust only in circumstances in which the Trust is entitled to seek indemnification from a third party with respect to the same event or cause thereof.
Appears in 19 contracts
Samples: Participation Agreement (Symetra Separate Account Sl), Participation Agreement (Thrivent Variable Annuity Account I), Participation Agreement (National Variable Annuity Account Ii)
Rule of Construction. It is the parties' intention that, in the event of an occurrence for which the Trust has agreed to indemnify the Company, the Company shall seek indemnification from the Trust only in circumstances in which the Trust has informed the Company it is entitled to seek indemnification from a third party with respect to the same event or cause thereof.
Appears in 6 contracts
Samples: Participation Agreement (Separate Acct Va K of First Allmerica Financial Life Ins Co), Participation Agreement (Vel Ii Account of Allmerica Financial Life Ins & Ann Co), Participation Agreement (Vel Ii Account of Allmerica Financial Life Ins & Ann Co)
Rule of Construction. It is the parties' ’ intention that, in the event of an occurrence for which the Trust has agreed to indemnify the .the Company, the Company shall seek indemnification from the Trust only in circumstances in m which the Trust is entitled to seek indemnification from a third party with respect to the same event or cause thereof.
Appears in 5 contracts
Samples: Participation Agreement (Massachusetts Mutual Variable Life Separate Account I), Participation Agreement (Massachusetts Mutual Variable Life Separate Account I), Participation Agreement (C M Life Variable Life Separate Account I)
Rule of Construction. It is the parties' intention that, in the event of an occurrence for which the Trust has agreed to indemnify the Company, the Company shall seek 28 indemnification from the Trust only in circumstances in which the Trust is entitled to seek indemnification from a third party with respect to the same event or cause thereof.
Appears in 3 contracts
Samples: Participation Agreement (Lincoln Life Flexible Premium Variable Life Account M), Participation Agreement (Lincoln Life & Annuity Flexible Premium Variable Life Account M), Participation Agreement (Lincoln Life Variable Annuity Account N)
Rule of Construction. It is the parties' ’ intention that, in the event of an occurrence for which the Trust has agreed to indemnify the CompanyNationwide, the Company Nationwide shall seek indemnification from the Trust only in circumstances in which the Trust is entitled to seek indemnification from a third party with respect to the same event or cause thereof.
Appears in 2 contracts
Samples: Participation Agreement (Nationwide Vli Separate Account 4), Participation Agreement (Nationwide Vli Separate Account 4)
Rule of Construction. It is the parties' ’ intention that, in the event of an any occurrence for which the Trust has agreed to indemnify the Company, the Company shall seek indemnification from the Trust only in circumstances in which the Trust is entitled to seek indemnification from a third party with respect to the same event or cause thereof.
Appears in 2 contracts
Samples: Participation Agreement (SBL Variable Annuity Account Xiv), Participation Agreement (SBL Variable Annuity Account Xi)
Rule of Construction. It is the parties' intention that, in the event of an occurrence for which the Trust trust has agreed to indemnify the Company, the Company shall seek indemnification from the Trust only in circumstances in which the Trust is entitled to seek indemnification from a third party with respect to the same event or cause thereof.
Appears in 1 contract
Samples: Participation Agreement (Ge Capital Life Separate Account Ii)
Rule of Construction. It is the parties' ’ intention that, in the event of an occurrence for which the Trust has and the Distributor have agreed to indemnify the Company, the Company shall first seek indemnification from the Distributor, and only from the Trust only in circumstances in which the Trust is entitled to seek indemnification from a third party with respect to the same event or cause thereof.
Appears in 1 contract
Samples: Participation Agreement (Mutual of America Separate Account No 2)
Rule of Construction. It is the parties' ’ intention that, in the event of an occurrence for which the Trust has agreed to indemnify the Company, the Company shall seek indemnification from the Trust only in circumstances in which the Trust is entitled to seek indemnification from a third party with respect to the same event or cause thereof. For the avoidance of doubt, this Section 9.4 shall not impact the Company’s ability to seek indemnification from the Distributor.
Appears in 1 contract
Samples: Participation Agreement (Separate Account a of Pacific Life & Annuity Co)
Rule of Construction. It is the parties' ’ intention that, in the event of an occurrence for which the Trust has agreed to indemnify the Company, the Company shall seek indemnification from the Trust only in circumstances in which the Trust is entitled to may reasonably seek indemnification from a third party with respect to the same event or cause thereof.
Appears in 1 contract
Samples: Participation Agreement (Delaware Life Variable Account F)
